Opinion

Beeson v. Palombo

  • 220 N.C. App. 274
  • 727 S.E.2d 343
  • 2012 N.C. App. LEXIS 598
  • 2012 WL 1512113
Court
Court of Appeals of North Carolina
Filed
May 1, 2012
Status
Published
Author
Steelman
On the bench
Stroud, Elmore, Steelman
Cited by
15 cases
Authority
More cited than 10.9%

The opinion

STEELMAN, Judge,

concurring in the result.

I concur in the result of this case. The exceptions to official immunity have gradually expanded over the years. Epps v. Duke Univ., 122 N.C. App. 198, 204 , 468 S.E.2d 846, 851 (1996). This Court has explicitly recognized five: “A public officer ... ‘is shielded from liability unless he engaged in discretionary actions which were *286 allegedly: (1) corrupt; (2) malicious; (3) outside of and beyond the scope of his duties; (4) in bad faith; or (5) willful and deliberate.’ ” Smith v. Jackson Cnty. Bd. of Educ., 168 N.C. App. 452, 468 , 608 S.E.2d 399, 411 (2005) (quoting Reid v. Roberts, 112 N.C. App. 222, 224 , 435 S.E.2d 116, 199 (1993)). I am not persuaded that the lack of probable cause to issue an arrest warrant, standing alone, is sufficient to negate immunity. Cf Schlossberg v. Goins, 141 N.C. App. 436, 446 , 540 S.E.2d 49, 56 (2000) (stating that a plaintiff cannot defeat public official immunity by alleging “reckless indifference”). I would affirm on this basis.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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